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Assembly Bill A10212

2021-2022 Legislative Session

Relates to notices given to respondents in child abuse and neglect proceedings in family court

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2021-A10212 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §1051, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
A7348

2021-A10212 (ACTIVE) - Summary

Relates to the sealing of notices given to respondents in child abuse and neglect proceedings in family court.

2021-A10212 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10212
 
                           I N  A S S E M B L Y
 
                                May 6, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Frontus) --
   read once and referred to the Committee on Children and Families
 
 AN ACT to amend the family court act, in relation to  notices  given  to
   respondents in child abuse and neglect proceedings in family court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (iii) of subdivision (f) of section 1051  of  the
 family  court  act,  as  added  by  chapter  430 of the laws of 1994, is
 amended to read as follows:
   (iii) that [the] ANY report made to  the  state  central  register  of
 child abuse and maltreatment [upon which the petition is based] OF ALLE-
 GATIONS  ON  WHICH  THE  COURT  MAKES A FINDING OF ABUSE OR NEGLECT will
 remain [on file] INDICATED IN THE REGISTER until  ten  years  after  the
 eighteenth  birthday  of  the youngest child named in such report UNLESS
 SUCH FINDING IS VACATED OR DISMISSED, AND that:
   (A) the respondent will be unable to  [obtain  expungement  of]  AMEND
 such report[,] IN THE STATE CENTRAL REGISTER;
   (B)  IF  THE  COURT FINDING IS FOR NEGLECT, IT SHALL BE LEGALLY SEALED
 EIGHT YEARS AFTER THE REPORT WAS MADE UNLESS IT IS SEALED EARLIER IN  AN
 ADMINISTRATIVE PROCEEDING; and [that]
   (C)  the existence of such report, WHICH IS NOT LEGALLY SEALED, may be
 made known to employers seeking to screen employee OR  VOLUNTEER  appli-
 cants  [in  the  field of child care] FOR POSITIONS WHERE THE INDIVIDUAL
 HAS THE POTENTIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN, and
 to child care agencies if the respondent  applies  to  become  a  foster
 parent or adoptive parent.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15751-01-2

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